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42 U.S.C. § 2000a — Prohibition against discrimination or segregation in places of public accommodation

submitted 62 years ago by Pub. L. 88-352 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 630 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about Prohibition against discrimination or segregation in places of public accommodation. It contains the requirements and limits stated in the section.

This law says that places open to the public cannot deny you equal access because of your race, color, religion, or national origin. It covers the services, facilities, privileges, advantages, and accommodations those businesses offer. A hotel cannot refuse you a room, a restaurant cannot segregate diners, and a theater cannot treat you differently because you belong to one of those protected groups.

The law covers these kinds of businesses when they serve the public and either their operations affect commerce—a broad term covering travel, trade, transportation, communication, and transactions across state or international borders—or state action supports the discrimination:

  • Hotels, motels, inns, and similar lodging for short-term guests. A small lodging business is excluded if it has no more than five rooms for rent and the owner actually lives there. That exception keeps the law from reaching someone renting out a few rooms in their own home.
  • Restaurants and other businesses principally selling food for eating on the premises, including counters and dining facilities inside retail stores.
  • Gasoline stations.
  • Movie theaters, theaters, concert halls, sports arenas, stadiums, and other entertainment venues.
  • Businesses located inside a covered establishment, or businesses that contain one, if they present themselves as serving that establishment’s customers. So if a barbershop operates inside a covered hotel and serves the hotel’s patrons, it is covered too.

For food businesses and gas stations, interstate commerce can include serving travelers from other states, selling food or products that crossed state lines, or selling gasoline that moved through interstate commerce. Entertainment venues are covered when they regularly present movies, performances, athletic teams, exhibitions, or other entertainment that moves across state lines. A business inside another covered business generally inherits coverage from that connection.

State action can support discrimination in several ways:

  • A state or local law, ordinance, regulation, or official practice authorizes or carries it out.
  • Officials require or enforce it as part of a local custom or usage.
  • The state or local government directly requires it.

This section addresses access to public accommodations. It does not itself set rules for employment or housing.

The law generally does not apply to a private club or another establishment not actually open to the public. But that protection does not cover facilities the club makes available to customers or patrons of a covered public business. For example, if a private club operates a facility for the guests of a covered hotel, that facility can still fall under the law.

the actual law source: uscode.house.gov ↗public domain
(a) Equal access

All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments

Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1)

any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2)

any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;

(3)

any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4)

any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.

(c) Operations affecting commerce; criteria; “commerce” defined

The operations of an establishment affect commerce within the meaning of this subchapter if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.

(d) Support by State action

Discrimination or segregation by an establishment is supported by State action within the meaning of this subchapter if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e) Private establishments

The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).

Source credit: (Pub. L. 88–352, title II, § 201, July 2, 1964, 78 Stat. 243.)

history & why it existsrecord from the source credit
  • 1964Enacted · Pub. L. 88-352 · 78 Stat. 243

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-352 on 1964-07-02.

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